Pradip Kumar Sarkar @ Pramanik v. State Of West Bengal And ORS.

11.04.2025 W.P.A. 6658 of 2025 Item No.16 Ct. No.35 dc.

Pradip Kumar Sarkar @ Pramanik versus The State of West Bengal & Ors.

Mr. Sandipan Das, Mr. Shubhankar Das ... For the Petitioner.

Mr. Vimal Kumar Shahi, AGP, Mr. SM Samim Ullah ... For the State.

Mr. Timir Baran Saha ... For the Respondent Nos.10 to 12. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner is aggrieved by the fact that in spite of the order dated 31.01.2025 passed by the learned Civil Judge (Senior Division), 2nd Court, Baruipur in connection with Title Suit No.154 of 2024 wherein the learned civil court was pleased to pass direction upon the Officer-in-Charge, Jibantala Police Station to ensure that the injunction order dated 10.04.2024 is maintained properly, but in spite of the same, the police authorities have neither did effect the order so passed nor have been adhering to the directions. The order dated 10.04.2024 reflects that there was a direction for not changing the nature, character, ownership and possession of the

property till 25.06.2025. The petitioner is anxious as in the meantime, there has been change in the record of rights. The petitioner as such apprehends that in spite of the civil court's direction, he may be thrown out of the property.

In view of the report submitted and the direction passed by the civil court, I am of the view that if the Officer-in-Charge, Jibantala Police Station faces any inconveniences while implementing the order passed by the learned Civil Judge (Senior Division), 2nd Court, Baruipur, he would seek instructions by making an application before the civil court concerned. In the alternative he would ensure that the civil court's order is respected, obeyed and implemented.

With the aforesaid observations, the writ petition being WPA 6658 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)